JUDGMENT

Ahmadi, CJI.-Special leave granted.

2. The appellants are two members of the Tamil Nadu Legislative Assembly elected in the general elections held in 1991. Both of them were candidates set up by All India Anna Dravida Munnetra Khazhagam (for short AIADMK ). Mr. Viswanathan was elected from Arcot Legislative Assembly constituency whereas Mr. Azhagu Thirunavukkarasu was elected from Orathanadu constituency. Both of them were expelled from AIADMK party on January 8, 1994. On March 16, 1994 the Speaker of Tamil Nadu Legislative Assembly (for short Assembly ) declared the two appellants as unattached members of the Assembly. Enclosing certain papers and other documents one Subburethinam, Member of the Assembly, informed the Speaker that both the appellants have joined another (new) party called Maru Malarchi Dravida Munnetra Khazhagam ( MDMK for short) and hence they should, as per the provisions of law, be disqualified from the membership of the Assembly. On March 6,1995 the Secretary Legislative Assembly issued a notice under Section 7 of the Tamil Nadu Assembly (Disqualification on Ground of Defections) Rules, 1986, and called for the comments of the appellants on the re